C.R.S. Section 34-32-124.5
Emergencies endangering public health or environment

  • definition

(1)

Following an investigation, an emergency response is justified pursuant to section 34-32-122 (3) if the board or office determines that:

(a)

Any person is:

(I)

Engaging in any activity not sanctioned by, or that constitutes a material violation of, a permit for a mining operation if such activity constitutes an immediate, undue, and unwarranted risk of serious harm to persons or property or to the environment;

(II)

An operator with a permit who is failing or refusing to respond to a board order requiring corrective actions for any failure or imminent failure of:

(A)

Any impoundment, embankment, or slope identified in the permit;

(B)

Any environmental protection facility or measure identified in the permit that is designed for control or containment of chemicals or waste that are toxic, toxic-forming, or acid; or

(C)

Any other measure identified in the permit or as provided for in this article or any rule promulgated pursuant to this article that is intended to protect human health or property or the environment; or

(b)

Circumstances exist, regardless of whether caused by a person, at a legacy mine site that create a danger to public health or welfare or the environment. For purposes of this paragraph (b), “legacy mine site” means a site where hard rock mining operations have been abandoned as those terms are defined in section 34-34-101 (1)(b) and (4).

Source: Section 34-32-124.5 — Emergencies endangering public health or environment - definition, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-34.­pdf (accessed Oct. 20, 2023).

34‑32‑101
Short title 34‑32‑102
Legislative declaration 34‑32‑103
Definitions 34‑32‑104
Administration 34‑32‑105
Office of mined land reclamation - mined land reclamation board - created 34‑32‑106
Duties of board 34‑32‑107
Powers of board 34‑32‑108
Rules and regulations 34‑32‑109
Necessity of reclamation permit - application to existing permits 34‑32‑110
Limited impact operations - expedited process 34‑32‑112
Application for reclamation permit - changes in permits - fees - notice 34‑32‑112.5
Designated mining operation - rules 34‑32‑113
Prospecting notice - reclamation requirements - rules 34‑32‑114
Protests and petitions for hearing 34‑32‑115
Action by board - appeals 34‑32‑116
Duties of operators - reclamation plans 34‑32‑116.5
Environmental protection plan - designated mining operation - rules 34‑32‑117
Warranties of performance - warranties of financial responsibility - release of warranties - applicability 34‑32‑118
Forfeiture of financial warranties 34‑32‑119
Operators - succession 34‑32‑120
Permit refused defaulting operator 34‑32‑121
Entry upon lands for inspection 34‑32‑121.5
Reporting certain conditions 34‑32‑122
Fees, civil penalties, and forfeitures - deposit - emergency response cash fund - created - definition 34‑32‑123
Operating without a permit - penalty 34‑32‑124
Failure to comply with conditions of order, permit, or regulation 34‑32‑124.5
Emergencies endangering public health or environment - definition 34‑32‑125
Conflict with “Colorado Surface Coal Mining Reclamation Act” 34‑32‑127
Mined land reclamation fund - created - fees - fee adjustments - rules
Green check means up to date. Up to date

Current through Fall 2024

§ 34-32-124.5’s source at colorado​.gov